United States v. Manuel Ruiz-Alvarez

SILVERMAN, Circuit Judge:

The defendant was convicted of several charges and received a sentence totaling 360 months. In a previous appeal, one conviction was reversed, the others affirmed. The question posed now is whether the district court had the authority to resentence the defendant anew on the affirmed counts even though the appellate decision did not specifically remand the case for resentencing. We hold that when the previous panel vacated the conviction on one count and affirmed the convictions on the remaining counts, Ruiz-Alvarez’s sentencing package became “unbundled,” jurisdiction…